July 13, 2006 1:07 PM

Prime Suspect

Martin Tankleff

Martin Tankleff (CBS)

In March 2006, 18 months after the hearing began, nearly 18 years after the murders, the judge ruled that he will not grant Marty Tankleff a new trial, despite all of the new witnesses. The judge says much of the new testimony is hearsay and not credible. So Marty will continue to serve his 50-year-to-life sentence.

"The judge described many of the witnesses that came forward as a 'cavalcade of nefarious scoundrels' paraded before this court. What was your reaction?" Moriarty asks Salpeter.

"How dare him," he replies. "These are people who came forward, for what? To be called names? They came forward to help free an innocent man … Do they have a past? Do they have records? Yes. So what?"

The judge even dismissed the testimony of Joe Creedon's son, saying that the 17-year-old may have been trying to protect his mother, who had long been abused by Creedon.

"There's no way if a jury, a new jury, heard what we brought forward into this hearing, that they would not acquit Marty," says Salpeter.

Meanwhile, in prison Marty says he could be doing a lot better. "I was hoping we wouldn't be doing this interview in a prison," he says.

Marty admits he is bitter about the judge's decision. "I think all along I kind of always knew in the back of my head that was probably going to happen, because of all the letdowns, because of Suffolk County. But still, hearing that I was denied a new trial was hard."

"You came in when you were 19 and you're about to turn 35. Is there a side of you that's afraid that you may never get out of here?" Moriarty asks.

"No," Marty says.

And now, Marty and his supporters have new reason to hope. In May 2006, a New York State appeals court agreed to review the judge's decision. It's good news for Marty but he's afraid to get his hopes up.

"There's no level of excitement in any of this. I'm still in prison, my parents were murdered, so there's no excitement or joy in any of this. There's signs of relief, signs of encouragement," he says.

If Marty wins that appeal, he may yet get his chance at freedom. "I'm not afraid of a new trial. I'm not. I think I have more than enough witnesses to prove my innocence, let a jury of my peers evaluate the new evidence," says Marty.



Oral arguments are expected to begin late in 2007.

Marty Tankleff, as a "jailhouse lawyer," helped free an inmate convicted on a false confession.

Tankleff turns 36 later this month. He's been in prison for nearly 17 years.

© 2006 CBS Interactive Inc. All Rights Reserved.
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